Karnataka High Court
Sri. Himalayan Basha vs The State Of Karnataka on 30 January, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:3960
WP No. 27175 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 27175 OF 2023 (GM-POLICE)
BETWEEN:
SRI. HIMALAYAN BASHA
@ AHESAN PASHA
S/O LATE ABDUL BASHEER SAB
AGED ABOUT 52 YEARS
R/AT NO.17, LAL MASJID 'A' STREET
SHIVAJINAGAR
BENGALURU - 560051
...PETITIONER
(BY SRI. MANJUNATH H., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY
AMBEDKAR VEEDHI
VIDHANA SOUDHA
Digitally signed by BENGALURU - 560001
PADMAVATHI B K
Location: HIGH 2. THE DIRECTOR GENERAL OF POLICE
COURT OF NO.2, NRUPATHUNGA ROAD
KARNATAKA BENGALURU - 560001
3. THE COMMISSIONER OF POLICE
OFFICE OF COMMISSIONER OF POLCIE
NO.1, INFANTRY ROAD
BENGLAURU - 560001
4. THE DEPUTY COMMISSIONER OF POLICE
OFICE OF DEPUTY COMMISSIONER OF POLICE (WEST)
XJRS+G2V, SHIVAJINAGAR
BENGALURU - 560001
-2-
NC: 2024:KHC:3960
WP No. 27175 of 2023
5. THE STATION HOUSE OFFICER
GOVINDAPURA POLICE STATION
NO.26, 8TH CROSS, N BLOCK
GOVINDAPURA, NAGAVARA
BENGALURU - 560045
6. SRI LAKSHMINARAYANA REDDY
@ L N REDDY
S/O SRI KRISHNA PATALAPPA
AGED ABOUT 48 YEARS
R/AT NO.688, V K SOCIETY
VEERANNAPALYA, GOVINDAPURA
ARABIC COLLEGE POST
BENGALURU - 560045
7. SRI RANA GEORGE
S/O SRI.K J GEORGE
AGED ABOUT 38 YEARS
R/AT NO.4 AND 5
AQUA FORT APARTMENT
KENNINGTION ROAD
BENGALURU - 560042
...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP FOR R1 TO R5)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 TO 3 TO
CONSIDER THE REPRESENTATION DTD 16.11.2023 PRODUCED AS
PER ANNX-A AND B AGAINST THE R-4 TO 7 WHO INDULGE
THEMSELVES IN MAKING ILLEGAL TRESPASS OF LANDED/SCHEDULE
PROPERTY OF PETITIONER ABUSING THEIR POWER POSITION AND
INFLUENCE TAKING LAW IN TO THEIR OWN HANDS ACCORDING TO
THEIR GREED MADE BY THE PETITIONER ON 16.11.2023; DIRECT
THEM TO COMPLY WITH THE DIRECTIONS OF THE JUDGEMENT OF
THE HONBLE SUPREME COURT THE INTIMATIONS AND
REPRESENTATIONS BY THE GOVT AUTHORITIES AS WELL AS THE
CIRCULAR BEARING NO.CRM-3/105/2018 ISSUED BY THE OFFICE OF
THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE
KARNATAKA STATE DTD 14.11.2018 VIDE ANNX R.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
-3-
NC: 2024:KHC:3960
WP No. 27175 of 2023
ORDER
The petitioner is before this Court seeking the following prayer:
"A) Issue a Writ of Mandamus directing the respondent No.1 to 3 to consider the representation dated 16/11/2023, produced as per Annexure-A&B against the respondent No 4 to 7 who indulge themselves in making illegal trespass of landed / schedule property of petitioner abusing their power, position and influence taking law in to their own hands according to their greed made by the petitioner on 16/11/2023, B) And further issue writ of mandamus to the respondent No 1 to 5 in the instant petition directing them to comply with the directions of the judgments of the Hon'ble Supreme Court, the intimations and representations by the government authorities as well as the circular bearing No CRM-3/105/2018, issued by the office of the Director General and Inspector General of Police, Karnataka State dated 14/11/2018, vide Annexure-R. C) Grant such other relief/s as it is just and proper under the facts and circumstances of the petition in the interest of justice and equity."
2. This Court had passed the slew of orders. On 19.01.2024, the following order:
"Learned High Court Government Pleader to produce the order by which the Commissioner, -4- NC: 2024:KHC:3960 WP No. 27175 of 2023 Bengaluru City appoints Assistant Commissioner of Police to enquire into the allegations against the Deputy Commissioner of Police and the Police Inspector, by the next date of hearing.
List this matter on 24.01.2024 in the fresh matters list"
On 24.01.2024, the following order:
" The petitioner registers a complaint before the Director General of Police and Inspector General of Police alleging certain misconduct on the part of the police in not registering the complaint.
The allegation is both against the Station House Officer and the Deputy Commissioner of Police. The Commissioner of Police then communicates on 12.01.2024 to the Assistant Commissioner of Police to conduct an enquiry on the allegations so made by the petitioner in a complaint dated 16.11.2023 as directed by the Director General of Police and Inspector General of Police. The complaint is not only against the Station House Officer, is also against the Deputy Commissioner of Police, who is respondent No.4 in the case at hand.
Therefore, an enquiry being directed to be conducted by the Assistant Commissioner of Police into the allegations against the Deputy Commissioner of Police, will be hit by bias.
Learned HCGP to secure instructions as to how an Assistant Commissioner of Police could hold an enquiry into the allegations against the Deputy Commissioner of Police, a superior officer, by the next date of hearing.
List the matter on 30.01.2024 in the 'fresh matters list'."-5-
NC: 2024:KHC:3960 WP No. 27175 of 2023
3. Learned HCGP on instructions would submit that the Assistant Commissioner of Police, who has directed to enquire into the allegations against his superior officer, the Deputy Commissioner of Police has since been withdrawn and the Commissioner of Police has now appointed a Additional Commissioner of Police to conduct enquiry into the allegations against the Deputy Commissioner of Police and the Station House Officer on 25.01.2024.
4. Learned HCGP would further on instructions submit that the investigation would get concluded, within an outer limit of two weeks.
5. The said submission is placed on record.
6. Therefore, the investigation/enquiry that is now directed to be conducted by the Additional Commissioner of Police shall be concluded, within two weeks from the date of receipt of the copy of the order, if not earlier. -6-
NC: 2024:KHC:3960 WP No. 27175 of 2023
7. Leaving open all the contentions of the petitioner and reserving liberty to the petitioner to approach this Court in the event of need, the petition stands disposed.
Sd/-
JUDGE KG List No.: 1 Sl No.: 13